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(영문) 광주지방법원 2016.07.14 2016고정851
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On April 9, 2016, the Defendant: (a) committed assault to the victim E (V, 65 years of age) who is an employee of the defect in the process of drinking alcohol in the Southern-gu Gwangju-gu, Gwangju-gu; (b) around 21:15, on the ground that the Defendant could not smoke tobacco while drinking in the D restaurant; and (c) made a assault on the victim’s face at one time.

2. We examine the judgment. The above facts charged are crimes falling under Article 260 (1) of the Criminal Act, and cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the records, the victim can find facts that he/she expressed his/her intention not to punish the defendant after the institution of the prosecution in this case. Thus, the prosecution is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

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